[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Proposed Rules]
[Pages 64423-64425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25452]
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FEDERAL TRADE COMMISSION
16 CFR Part 312
RIN 3084-AB20
Children's Online Privacy Protection Rule Applications for
Approval of Proposed Parental Consent Methods by AssertID, Inc.,
Imperium LLC, and iVeriFly, Inc.; Application for Approval of Safe
Harbor Program by kidSAFE Seal Program
AGENCY: Federal Trade Commission (FTC or Commission).
ACTION: Notice of extension of Commission determination and public
comment deadlines.
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SUMMARY: The FTC is extending the deadlines for Commission
determination of applications for approval of proposed parental consent
methods by AssertID, Inc. (``AssertID''), Imperium LLC (``Imperium''),
and iVeriFly, Inc. (``iVeriFly'') pursuant to the Children's Online
Privacy Protection Rule. In addition, the FTC is extending the deadline
for filing public comments concerning Imperium's application for
approval of a parental consent method and the proposed self-regulatory
guidelines submitted by the kidSAFE Seal Program (``kidSAFE''), owned
and operated by Samet Privacy, LLC, under the safe harbor provision of
the Children's Online Privacy Protection Rule.
DATES: Written comments must be received by November 4, 2013.
ADDRESSES: Interested parties may file comments online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. For comments concerning
Imperium, write ``Imperium Application for Parental Consent Method,
Project No. P-135419'' on your comment and file your comment online at
https://ftcpublic.commentworks.com/ftc/pmcoppaimperiumapp, by following
the instructions on the web-based form. For comments concerning
kidSAFE, write ``kidSAFE Application for Safe Harbor, Project No. P-
135418'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/coppakidsafeapp, by following the
instructions on the web-based form. If you prefer to file your comment
on paper, mail or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex
E), 600 Pennsylvania Avenue NW., Washington, DC 20580.
[[Page 64424]]
FOR FURTHER INFORMATION CONTACT: Kandi Parsons, Attorney, (202) 326-
2369, Peder Magee, Attorney, (202) 326-3538, or Kristin Cohen, (202)
326-2276, Division of Privacy and Identity Protection, Federal Trade
Commission, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
Section A. Background
On October 20, 1999, the Commission issued its final Rule \1\
pursuant to the Children's Online Privacy Protection Act, 15 U.S.C.
6501 et seq., which became effective on April 21, 2000.\2\ On December
19, 2012, the Commission amended the Rule, and these amendments became
effective on July 1, 2013.\3\ The Rule requires certain Web site
operators to post privacy policies and provide notice, and to obtain
verifiable parental consent, prior to collecting, using, or disclosing
personal information from children under the age of 13. The Rule
enumerates methods for obtaining verifiable parental consent, while
also allowing an interested party to file a written request for
Commission approval of parental consent methods not currently
enumerated.\4\ To be considered, the party must submit a detailed
description of the proposed parental consent method, together with an
analysis of how the method meets the requirements for parental consent
described in 16 CFR 312.5(b)(1). AssertID, Imperium, and iVeriFly have
submitted proposed parental consent methods to the Commission for
approval. The Rule also contains a ``safe harbor'' provision enabling
industry groups or others to submit to the Commission for approval
self-regulatory guidelines that would implement the Rule's
protections.\5\ Pursuant to that provision, kidSAFE has submitted
proposed self-regulatory guidelines to the Commission for approval. The
full text of the verifiable parental consent method applications and
kidSAFE's proposed guidelines are available on the Commission's Web
site at www.ftc.gov.
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\1\ 64 FR 59888 (1999).
\2\ 16 CFR part 312.
\3\ 78 FR 3972 (2013).
\4\ 16 CFR 312.12(a); 78 FR at 3991-3992, 4013.
\5\ See 16 CFR 312.11; 78 FR at 3995-96, 4012-13.
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The Children's Online Privacy Protection Rule provides that the
Commission shall issue a written determination within 120 days of the
filing of an application for approval of a verifiable parental consent
method.\6\ Because of the federal government shutdown, which began on
October 1, 2013, the Commission was unable to review comments and
prepare determinations on the applications. The federal government re-
opened on October 17, 2013. In order to ensure that it can give full
consideration to the applications submitted by AssertID, Imperium, and
iVeriFly, the Commission has determined to extend the timetable laid
out in 16 CFR 312.12(a) by sixteen days in order to account for the
time period in which the government was shut down. Accordingly, the
Commission will issue its determination for AssertID by November 13,
2013; for Imperium by December 26, 2013; and for iVeriFly by February
4, 2014.
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\6\ 16 CFR 312.12(a).
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In addition, during the time when the government was shut down,
interested parties were unable to submit comments on Imperium's
application for approval of a parental consent method or on kidSAFE's
proposed self-regulatory guidelines. The Commission has decided to
extend the comment period for both matters until November 4, 2013.
Section B. Invitation To Comment
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before November 4,
2013. For comments concerning Imperium, write ``Imperium Application
for Parental Consent Method, Project No. P-135419'' on your comment.
For comments concerning kidSAFE, write ``kidSAFE Application for Safe
Harbor, Project No. P-135418'' on your comment. Your comment--including
your name and your state--will be placed on the public record of this
proceeding, including, to the extent practicable, on the Commission Web
site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of
discretion, the Commission tries to remove individuals' home contact
information from comments before placing them on the Commission Web
site.
Because your comment will be made public, you are solely
responsible for making sure that your comment doesn't include any
sensitive personal information, such as Social Security number, date of
birth, driver's license number or other state identification number or
foreign country equivalent, passport number, financial account number,
or credit or debit card number. You are also solely responsible for
making sure that your comment doesn't include any sensitive health
information, including medical records or other individually
identifiable health information. In addition, do not include any
``[t]rade secret or any commercial or financial information which is
obtained from any person and which is privileged or confidential,'' as
provided in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule
4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include
competitively sensitive information such as costs, sales statistics,
inventories, formulas, patterns, devices, manufacturing processes, or
customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and follow the procedure explained in FTC Rule
4.9(c), 16 CFR 4.9(c).\5\ Your comment will be kept confidential only
if the FTC General Counsel, in his or her sole discretion, grants your
request in accordance with the law and the public interest.
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\5\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
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Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file your comment concerning Imperium at
https://ftcpublic.commentworks.com/ftc/pmcoppaimperiumapp, and your
comment concerning kidSAFE at https://ftcpublic.commentworks.com/ftc/coppakidsafeapp, by following the instructions on the web-based form.
If this Notice appears at http://www.regulations.gov/#!home, you also
may file a comment through that Web site.
If you file your comment concerning Imperium on paper, write
``Imperium Application for Parental Consent Method, Project No. P-
135419'' on your comment and on the envelope, and mail or deliver it to
the following address: Federal Trade Commission, Office of the
Secretary, Room H-113 (Annex E), 600 Pennsylvania Avenue NW.,
Washington, DC 20580. If you file your comment concerning kidSAFE on
paper, write ``kidSAFE Application for Safe Harbor, Project No. P-
135418'' on your comment and on the envelope, and mail or deliver it to
the following address: Federal Trade Commission, Office of the
Secretary, Room H-113 (Annex E), 600 Pennsylvania Avenue NW.,
Washington, DC 20580. If possible, submit your paper comment to the
Commission by courier or overnight service.
Visit the Commission Web site at http://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that the Commission administers permit the
[[Page 64425]]
collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives on or before November 4, 2013. You can
find more information, including routine uses permitted by the Privacy
Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2013-25452 Filed 10-28-13; 8:45 am]
BILLING CODE 6750-01-P